Facts
The company Laboratoires Procosa SA (hereinafter Procosa) concluded a construction contract with Stéphane Beck for the construction of a packaging facility, including a bottle filling machine and a capping and sealing machine. The price was initially estimated at 39,000 francs. However, according to a "statement" transmitted by Beck to Procosa in February 1967, the total cost of the machine amounted to 102,000 francs, representing an overrun of more than 150% of the approximate estimate.
Procosa then filed an action against Beck for the payment of 38,000 francs, the amount of the advance payments it had made. Beck concluded with the dismissal of the claim and requested the payment of 1,309 francs 70 for the costs and expenses incurred.
The Cantonal Court of Vaud ordered Beck to pay 18,000 francs to Procosa, considering that the conditions for termination of the contract by Procosa under Article 375 CO were met, as the cost price exceeded the amount set by the estimate by more than 150%.
Considerations
The Federal Tribunal upheld Procosa's appeal and overturned the contested judgment. It considered that the parties were bound by a construction contract with an approximate estimate and that the conditions for termination of the contract by Procosa under Article 375(1) CO were met, as the overrun of the estimate was such that Procosa would not have entrusted the execution of the work to Beck for that price.
The Federal Tribunal held…